Tarnished Twenty- The FindLaw Sports Law Blog

Erin Andrews Sues for $10M Over Peephole Videos

ESPN reporter Erin Andrews has filed a lawsuit against Nashville's West End Marriott and her stalker Michael Barrett. The $10 million invasion of privacy suit claims that Erin Andrews' peephole videos, taken by Barrett, caused her "great emotional distress and embarrassment."

Barrett stalked the ESPN personality to three different cities. He took video of her through hotel peepholes, catching her in private moments. He then posted the footage online.

Barrett was sentenced for 2 1/2 years in prison in 2010 after pleading guilty to stalking charges. Andrews is asking for $4 million from Barrett and $6 million from the hotel.

As an individual, Barrett can be held liable for intruding on another's personal or private life. No doubt, Barrett invaded Andrews' privacy. He recorded Andrews when she was in her locked hotel room, where she had a reasonable expectation of privacy.

As for the hotel, Andrews alleges it was negligent. She claims it wrongfully told Barrett she was staying at the hotel then allowed Barrett to book a room next to her. Andrews says the West End Marriott also failed to realize that Barrett had modified the peephole to her room to allow videos to be taken.

In order for Erin Andrews to recover, she will have to establish that the hotel breached its duty of care to her. Hotels likely do have a duty of care to safeguard their guests, and to prevent their privacy from being invaded. By giving Barrett information about Andrews, they may have breached that duty.

Erin Andrews' civil lawsuit over the peephole incident was originally filed last year, reports Reuters. She refiled this year to ensure the statute of limitations would not run out. The refiling was a procedural move designed to keep her legal rights intact.

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